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What's next for property litigation?

Michael Walsh, Tim Polli QC and Daniel Dovar discuss Dhillon v (1) Barclays Bank plc & (2) Chief Land Registrar [2020] EWCA Civ 619, the Corporate Insolvency and Governance Bill and their predictions for what will be keeping property litigators busy for the next six months.

Timothy Polli QCTimothy Polli QC

Timothy Polli QC specialises in property and commercial law and associated professional negligence.

He has broad experience encompassing most aspects of real property, mortgages and banking, both commercial and residential landlord and tenant, trusts of land and proprietary estoppel.

Tim’s commercial practice is also fairly broad, but he has a particular interest in unjust enrichment, partnerships, joint ventures, franchising and the recovery of misappropriated monies.

Tim is regularly instructed to make applications for emergency injunctive relief (including freezing injunctions).

Tim combines an analytical style with a ‘can do’ approach to problem solving and a common-sense awareness of the commercial realities underpinning any litigation. He is familiar with the requirements of working with a team of solicitors and/or Counsel and, when necessary, is available out of office hours.

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Tanfield Chambers

Daniel DovarDaniel Dovar

A leading junior in the Legal 500 for Property Litigation, in which he is described as ‘superb’, ‘particularly good at the Upper Tribunal’ and an ‘Incredible advocate’.

He is also recommended as a leader in the field of Real Estate Litigation in Chambers and Partners who have described him as having ‘Excellent knowledge of property-related disputes’.

He is the co-author of Business Premises (5th Ed), Residential Possession Proceedings (now in its 10th edition), and an editor of the Landlord and Tenant Review as well as a contributor to Chambers’ Service Charges and Management text (3rd Ed).

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Tanfield Chambers

 

Michael WalshMichael Walsh

Michael’s expertise encompasses all aspects of the law of property, commercial and chancery work.  He also advises and acts in litigation in connection with the professional liability of property professionals.  Recent work includes acting for the claimant against a firm of solicitors for negligent advice in connection with a development project, where the loss suffered was in excess of £40million.

He has gained a wealth of experience advising clients on a range of issues in large residential, commercial and mixed-use developments. Recent work includes advising on a multi-million-pound dispute arising out of completion of the sale of a large residential block in the Battersea Nine-Elms development.

Michael frequently advises in difficult mortgage and security related disputes where the lender is seeking to enforce either by itself or through receivers. Recent work includes acting for the appellant in the leading decision on the powers of receivers in mortgagor occupied properties: Menon & Menon v Pask & Goode [2020] 2 W.L.R. 43.

He has significant experience of commercial and contractual disputes across a variety of sectors, including financial services, leisure, hospitality and industry.

Michael has extensive experience advising both landlords and tenants in disputes under the Pubs Code 2016.

Chambers UK Bar Guide 2020 praises Michael’s extensive experience and track record of success in seeking urgent injunctions and possession orders where land is being occupied by protesters or other trespassers, saying “He has developed particular skills in complex possession claims and protesters and he is user-friendly.”

In a real property context Michael regularly advises developers of land in relation to restrictive covenants, easements, land registration, securities and matters relating to mixed-use developments. He has advised developers both before and after acquisition of land on the enforceability of anti-competitive restrictive covenants.

In 2016 Michael was appointed Junior Counsel to the Crown on the Attorney General’s B Panel of Counsel.  Accordingly, he is instructed by the Government in difficult and complex cases in property related work.  Recent work includes advising on the construction of an overage agreement in respect of land formerly owned by a government department.

Developers and other non-lawyers may instruct Michael under the Bar’s direct public access scheme.

He is also a visiting lecturer in the law of property at King’s College London.

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Tanfield Chambers

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